2018-03-06 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA   6 MARCH 2018




                                                   Attachment 1




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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                                    6 MARCH 2018

                                                                                                   Attachment 1

             | ) |      NOOSA                                                         Council Policy
             ms mKeoees                                  UTILITY SERVICES THROUGH
                                                             PUBLIC LAND TO SERVICE

            Corporate Plan Reference:                   Long term planning for Noosa Shire
             Endorsed by Council:                      <Insert Date of Ordinary Meeting >
             Policy Author:                            Allan Hull, Civil Operations Manager

           POLICY BACKGROUND                                             y
           There are instances where jetties and other marine based facilities that adjoin Council controlled
           public land such as along the Noosa River foreshore’ have, or seek to have, connections to utilities
           such as reticulated water, sewer and electricity.
           The issues for Council include:
               1. Where there is no lease or pefmit,to occupy under the State Land Act 1994, the utility
                   providers link the billing to the adjoining»Council property, Council then has no legal basis
                  for recovery of the charges and incurs administrative costs,in identifying and attempting to
                   recover the charges.
               2. Where there is no registered title, there is no*means for Council to know the identity of the
                   lawful owner or whefh changes of ownership’ occur putting at risk its ability to recover charges
                   owing.                       ,
               3. The risk associated with damage, loss or injury to a person or property rests with Council as
                  technically the property service line is owned by Council as it is within Council controlled land.
           State Land is set aside for the benefit of the community. The provision of utility services through
           State Land is secondary use of that Land. State Planning Policy “Secondary Use of Trust Land under
           the Land Act” allows “essential” utility infrastructure provided it does not diminish the purpose and
           amenity of the trust land. This usually requires a lease or formal arrangement such an easement
           being put in place. State policy is that such easements are only provided for utility providers (not the
           consumer). In any event it would not be practical to have 20 or more easements created over the
           various separate titles covering Noosaville foreshore.
           Having regard to the above it is recognised that:
               a) There are historical Service connections to privately owned commercial jetties.
               b) Commercial jetties have a lease from the State that results in a registered title permitting
                   billing direct to the lessee.
               c) Commercial jetties have a legitimate need for service connections in order to conduct the
                   approved commercial operation.
               d) State and Council policy is that no more commercial jetties will be approved along the Noosa
                   River thereby limiting the number of service connections through Council controlled land to
                  the existing arrangements.
               e) No apparent warrant is evident that would justify the use of public land to provide utility
                   service connections to private jetties where any commercial activity whatsoever is expressly
                   not allowed. Provision of services also increases the risk of unapproved commercial activity
                   such as renting berthing places to occur.

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